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Subject: Federal System

  • Now is the time to disclose the entire truth known to the ECI

    Why in the News?

    The controversy over the 2024 Maharashtra Vidhan Sabha elections and how Election Commissioners are appointed has sparked a major debate about the Constitution and democracy in India.

    Why is the ECI appointment process seen as favouring the executive?

    • Majority Control by the Executive in the Selection Committee: The 2023 Election Commissioners Appointment Act provides a 2:1 majority to the executive in the selection committee — comprising the Prime Minister, the Home Minister, and the Leader of the Opposition. Eg: The Leader of the Opposition can always be outvoted, effectively giving the ruling party full control over appointments.
    • Exclusion of the Chief Justice of India (CJI): Despite a Supreme Court directive in March 2023 recommending the inclusion of the CJI to ensure neutrality, the Act excluded the judiciary, reducing checks and balances. Eg: The SC judgment established a temporary mechanism including the CJI until Parliament enacted a law, but the law ignored this safeguard.
    • Conflict of Interest: The executive, being an election contestant, is involved in selecting the very institution that is supposed to referee the elections, raising concerns about institutional bias. Eg: The same political leadership responsible for contesting elections now appoints the “umpires” (Election Commissioners).
    • Lack of Public Consultation or Parliamentary Debate: The 2023 Act was passed with minimal debate and without bipartisan consensus, reinforcing the perception of executive overreach. Eg: Opposition parties and civil society groups raised concerns about non-consultative law-making affecting the ECI’s independence.
    • Pending Legal Challenge on Constitutional Grounds: The Act’s constitutionality is under challenge in the Supreme Court, suggesting broader concern that it violates the principles of free and fair elections under Article 324. Eg: Petitions argue that the current process undermines the ECI’s autonomy and may violate the basic structure doctrine.

    How does limited access to Form 17C affect poll transparency?

    • Restricts Independent Verification of Votes: Limited access to Form 17C, which contains vote counts and voter turnout data, prevents candidates and citizensfrom verifying the accuracy of polling results. Eg: Only candidates or their polling agents receive the form, and not all candidates—especially independents or smaller parties—can afford agents at every booth.
    • Blocks Public Scrutiny and Research: Without public access to Form 17C data from all polling stations, researchers, media, and civil society cannot conduct independent audits or identify discrepancies in vote tallies. Eg: Voters and watchdog groups are unable to cross-check vote counts with final results, undermining transparency.
    • Raises Suspicion of Electoral Manipulation: The opaque handling of Form 17C can fuel doubts about the integrity of the electoral process, especially in close contests or in regions with a history of irregularities. Eg: In the absence of uniform disclosure, accusations of mismatched vote counts or tampering are harder to disprove, affecting public trust in the Election Commission.

    Why is the Supreme Court’s role in ECI appointments significant?

    • Upheld Democratic Values and Institutional Neutrality: The Supreme Court’s March 2023 judgment ensured a balanced selection committee by including the Chief Justice of India (CJI), reducing the risk of executive control over the Election Commission of India (ECI).  
    • Acted as a Constitutional Corrective in Legislative Vacuum: In the absence of a law under Article 324, the Court stepped in to lay down norms for appointments, reinforcing the judiciary’s role as guardian of the Constitution. Eg: The SC cited Parliament’s inaction despite multiple committee recommendations and exercised its powers to protect the integrity of electoral democracy.

    What reforms can enhance transparency in India’s electoral system? (Way forward) 

    • Reform the ECI Appointment Process for Institutional Neutrality: Include the Chief Justice of India (CJI) in the selection committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners, ensuring independence from executive influence. Eg: The Supreme Court’s 2023 judgment proposed a panel of the PM, Leader of Opposition, and CJI, but the 2023 ECI Act excluded the CJI, raising concerns over impartiality.
    • Ensure Public Access to Form 17C for Vote Transparency: Mandate that Form 17C, which records total votes polled, be made publicly accessible through an official digital portal, enabling citizens and researchers to verify poll data. Eg: Currently, only candidates or polling agents receive Form 17C, and many independent or low-budget candidateslack agents at all booths, limiting access to crucial data.
    • Introduce Independent Audits of Electoral Rolls and EVMs: Conduct regular third-party audits of voter rolls and Electronic Voting Machines (EVMs) to detect errors, manipulation, or malfunction, and improve public confidence in electoral integrity. Eg: In past elections, reports of missing names or duplicate entries in voter lists have led to allegations of disenfranchisement, especially among marginalised groups.

    Mains PYQ:

    [UPSC 2018] In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

    Linkage: This article explicitly calls for the Election Commission of India (ECI) to “disclose the entire truth that is known only to the Election Commission of India. The 2018 question, by asking about the “challenges before the Election Commission of India to ensure the trustworthiness of elections in India” amidst EVM controversy, directly aligns with the broader call for transparency.

  • Tighten the process: On the Election Commission of India, election processes

    Why in the News?

    After the 2024 Maharashtra Assembly elections, Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, raised serious concerns about the fairness and transparency of how the elections were conducted.

    What are the concerns about voter roll changes in Maharashtra?

    • Abnormal Increase in Voter Numbers: Over 39 lakh new voters were added within just six months after the general election. Eg: The Hindu’s analysis revealed similar spikes before Assembly polls in 2014 as well, suggesting a pattern of inflated rolls.
    • Lack of Transparency and Verification: The Election Commission of India (ECI) has not released machine-readable data to allow public or party-level verification. Eg: Without verifiable voter roll data, political parties cannot check for duplication or manipulation.
    • Insufficient Involvement of Political Parties: The voter roll update process often excludes timely input from political parties, reducing scrutiny and accountability. Eg: Parties raise objections post-election rather than being involved during roll revision, weakening trust in the process.

    Why is restricting CCTV access controversial?

    • Reduces Transparency in the Voting Process: Limiting access to CCTV footage raises suspicion about irregularities or malpractice. Eg: The Centre’s amendment to the Conduct of Election Rules, 1961 restricts access, despite demands by political parties like Congress.
    • Hinders Complaint Verification: Without footage, it’s difficult to verify allegations of booth-level misconduct. Eg: Parties cannot validate anomalies in voter turnout after 5 p.m. or respond effectively to irregularities.
    • Undermines Democratic Accountability: Lack of access is viewed as eroding public trust and weakening institutional checks. Eg: Denial of footage suggests the Election Commission is avoiding scrutiny instead of ensuring electoral integrity.

    How did the ECI address late voting allegations?

    • Dismissed Claims of Abnormal Turnout Post 5 PM: The Election Commission of India (ECI) clarified that there was no significant spike in voter turnout after 5 p.m. during the 2024 Maharashtra Assembly elections. Eg: Analysis showed that the voting pattern was consistent with past trends, not unusually high after 5 p.m.
    • Clarified Nature of Provisional Turnout Data: ECI stated that provisional turnout figures, especially those shared via apps, are based on manual inputs and may contain discrepancies. Eg: App-based data can differ from final turnout due to delays and entry errors during polling day.
    • Relied on Final Booth-Level Data (Form 17C): The ECI emphasized that accurate data comes from Form 17C, which is compiled after polling ends and includes machine-verified figures. Eg: Final turnout is based on actual vote counts from EVMs and VVPATs, not manual estimates.

    What was the recommendation of supreme court? 

    The Supreme Court, in a 2023 judgment, recommended that the Chief Justice of India (CJI) be part of the selection committee for appointing Election Commissioners, to ensure independence and neutrality. Eg: The Court proposed a 3-member panel comprising the Prime Minister, Leader of Opposition, and CJI to prevent unilateral government control.

    Way forward: 

    • Ensure Transparent Electoral Roll Management: Involve all political parties in the electoral roll revision process, with machine-readable public data access for verification and accountability.
    • Implement Supreme Court’s Recommendations: Reconstitute the Election Commissioner selection panel to include the Chief Justice of India, ensuring impartiality and strengthening public trust in electoral institutions.

    Mains PYQ:

    [UPSC 2018] In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

    LInkage: The “trustworthiness of elections in India” and the challenges faced by the Election Commission of India (ECI) in this regard, which is a core concern behind the need to “tighten the process.” The article highlight various issues that challenge election trustworthiness, such as questions raised by the Leader of the Opposition, Rahul Gandhi, concerning “abnormal increase in voters listed in electoral rolls,” “higher turnout numbers after 5 p.m. on voting day,” and the Centre’s amendment to rules restricting “access to CCTV footage of the polling process.

  • Elections to the Rajya Sabha

    Why in the News?

    The Election Commission of India has announced biennial elections for eight Rajya Sabha seats, including two seats from Assam and six seats from Tamil Nadu.

    These elections are part of the regular process through which

    About Elections to the Rajya Sabha:

    • Rajya Sabha members are indirectly elected by the elected members of the State Legislative Assemblies and Union Territory electoral colleges (Delhi and Puducherry).
    • The elections follow the proportional representation system through the Single Transferable Vote (STV) method.
    • Voting is done using an Open Ballot to ensure transparency and party discipline.
    • Composition of the Rajya Sabha:
      • It can have a maximum of 250 members.
      • Out of these, 238 members are elected, and 12 are nominated by the President of India for contributions to art, literature, science, and social service.
      • As of now, the RS has 245 members — 233 elected and 12 nominated.
      • One-third of RS members retire every two years.
    • Voting Requirements and Process:
      • A candidate must be proposed by at least 10 members of the State Legislative Assembly or 10% of the party’s strength in the Assembly.
      • Voters rank candidates by preference under the Single Transferable Vote system.
      • If a candidate is eliminated or elected, their votes are transferred to the next preference on the ballot.
      • Voting is done using an Open Ballot system to promote transparency.
    • Quota for Election:
      • To win, a candidate must secure a vote quota, calculated as:
        (Total valid votes / (Number of vacancies + 1)) + 1.
    • Tenure of Members:
      • RS is a permanent body and cannot be dissolved.
      • However, one-third of its members retire every two years, and new members are elected.
      • Each Rajya Sabha member serves a six-year term.
    • Chairmanship and Leadership:
      • The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
      • A Deputy Chairman is elected by the Rajya Sabha members from among themselves.
    • Eligibility (as per Article 84):
      • A candidate must be a citizen of India.
      • The minimum age required is 30 years.
      • The candidate must also meet other qualifications specified by the Constitution or law.
    • Disqualification of Members:
      • A member can be disqualified for defection under the anti-defection law.
      • Disqualification can also happen due to criminal convictions, bankruptcy, or being declared of unsound mind.
    • Administrative and Historical Details:
      • The first sitting of the Rajya Sabha was held on May 13, 1952.
      • The Secretary General of the Rajya Sabha acts as the chief executive and administrative head of the Rajya Sabha Secretariat.

    Tap here to read everything about the Rajya Sabha.

    [UPSC 2020] Rajya Sabha has equal powers with Lok Sabha in:

    Options: (a) the matter of creating new All India Services (b) amending the Constitution* (c) the removal of the government (d) making cut motion

     

  • Madras HC judge picks: 88% not from general category

    Why in the News?

    During the tenure of Chief Justices D.Y. Chandrachud and Sanjiv Khanna, authorities appointed 15 out of 17 judges to the Madras High Court from BC, OBC, MBC, SC, or ST communities.

    Why is BC/OBC/SC/ST representation highest in Madras High Court?

    • Strong Social Justice Framework in Tamil Nadu: Tamil Nadu has a long history of affirmative action and reservation policies aimed at uplifting Backward Classes (BC), Other Backward Classes (OBC), Most Backward Classes (MBC), Scheduled Castes (SC), and Scheduled Tribes (ST), which creates a larger pool of eligible candidates from these communities.
    • Better Educational Access and Mobility: The state contributes disproportionately to the OBC population in higher education—while Tamil Nadu has about 10% of India’s OBC population, it accounts for 13% of OBCs enrolled in higher education nationally. This leads to higher qualifications among BC/OBC candidates, increasing their chances of judicial appointments.
    • Collegium Appointments Reflect State Demographics: The Supreme Court Collegium, while selecting judges, considers inputs from the state, and the Madras High Court appointments reflect this social reality, with 88.2% of recent appointees belonging to BC/OBC/MBC/SC/ST groups, the highest among all High Courts.

    Why do Southern High Courts have more non-general category judges?

    • Higher Social Mobility and Educational Access: Southern States like Tamil Nadu have better upward social mobility for BC/OBC groups, reflected in higher enrollment rates in higher education. Eg, Tamil Nadu has about 10% of India’s OBC population but accounts for 13% of OBCs in higher education nationally, which leads to greater representation in judicial appointments.
    • Regional Political and Social Dynamics: Southern States often have political environments and social policies that encourage inclusion of non-general categories in key positions. Eg, Madras High Court had 88.2% of appointees from BC/OBC/SC/ST groups, the highest share among all High Courts.

    What role do Chief Ministers and State Intelligence play in appointments?

    • Chief Ministers’ Opinions Are Considered: The Supreme Court Collegium takes into account the views of Chief Ministers during the appointment process, which can subtly influence the selection of judges. Eg, this influence might explain variations in representation across States, though the exact extent of their impact is unclear.
    • State Intelligence Inputs Are Used: The Collegium also reviews inputs from the State Intelligence Branch to assess candidates’ suitability and background. Eg, such inputs could affect appointments in States like Rajasthan, where political and security considerations might play a role.

    How does BC social mobility affect judicial representation?

    • Women from Non-General Categories Are Represented but in Small Numbers: Out of 34 women appointed, several belonged to BC, OBC, MBC, SC, or ST communities, showing some diversity in gender and social groups. Eg, at the Madras High Court, 5 women were appointed, including one from BC, one from MBC, and three from OBC categories.
    • Other High Courts Also Appoint Women from Non-General Categories: States like Telangana, Kerala, Andhra Pradesh, Rajasthan, Guwahati, and Manipur have women appointees from various non-general groups, reflecting broader inclusivity. Eg, Telangana appointed women from BC and OBC categories, while Manipur had a woman appointee from the ST category.

    Way forward: 

    • Institutionalize Diversity Criteria in Appointments: Formal guidelines should be introduced to ensure fair representation of BC/OBC/SC/ST and women in judicial appointments across all High Courts.
    • Strengthen Educational and Legal Training Access: Expand scholarships, coaching, and mentorship programs for underrepresented communities to build a larger pool of eligible candidates for the judiciary.

    Mains PYQ:

    [UPSC 2021]  Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

    Linkage: While the article focuses on social categories (caste/class), the underlying theme of ensuring diversity and representation in the judiciary is common. The article also provides data on women appointees, including their social categories in Madras HC.

  • Water Sharing Dispute between Punjab and Haryana

    Why in the News?

    Tensions escalated between Punjab and Haryana after the Bhakra Beas Management Board (BBMB) decided to release an extra 4,500 cusecs of water from the Bhakra dam to Haryana, sparking political and legal opposition from Punjab.

    Water Sharing Dispute between Punjab and Haryana

    About the Punjab-Haryana Water Dispute:

    • The dispute dates back to 1966 when Haryana was created from Punjab and was promised a share of river waters from the Ravi and Beas rivers.
    • The Satluj-Yamuna Link (SYL) canal was proposed to deliver Haryana’s share but remains incomplete due to Punjab’s resistance.
    • The current issue involves Punjab and Haryana over the release of additional water from the Bhakra dam, managed by the Bhakra Beas Management Board (BBMB).
    • On April 30, 2025, BBMB ordered the release of 8,500 cusecs of water to Haryana for drinking needs, which Punjab opposed, claiming Haryana had already withdrawn 104% of its annual share.
    • Water levels in the Bhakra, Pong, and Ranjit Sagar dams are low due to poor snowfall in the Himalayas.
    • Punjab argues that BBMB’s decision is unilateral and has refused to open the Nangal dam sluice gates.

    Inter-State Water Dispute Resolution in India:

    Water Sharing Dispute between Punjab and Haryana

    • Article 262 of the Constitution empowers Parliament to legislate on inter-state river water disputes and bar courts from intervening in such matters.
    • River Boards Act, 1956 allows creation of boards for inter-state river management, but no such board has ever been constituted.
    • Inter-State Water Disputes Act, 1956 provides for:
      • Conciliation by the Centre among aggrieved states.
      • Tribunal formation if conciliation fails.
    • The 2002 amendment mandates:
      • Formation of a tribunal within 1 year.
      • Tribunal decision within 3 years.
    • Supreme Court cannot question the award of a tribunal but can examine procedural issues.
    • Other prominent disputes include Krishna, Cauvery, and the Satluj Yamuna Link canal disputes.
    [UPSC 2006] Recently Uttar Pradesh and Madhya Pradesh governments signed a Memorandum of Understanding for the linking of two rivers as a link project. Which are these two rivers?

    Options: (a) Betwa and Chambal (b) Betwa and Ken* (c) Chambal and Son (d) Ken and Narmada

     

  • Strengthening parliamentary oversight in India

    Why in the News?

    Along with having efficient governance, there should also be a high level of accountability, which should begin with a strong and effective Parliament.

    What mechanisms does the Indian Parliament currently use to ensure executive accountability?

    • Question Hour: A daily session where Members of Parliament (MPs) ask questions to the government, holding the executive accountable for its actions. Eg: During Question Hour, MPs can ask questions on various issues like government policies, spending, and public welfare programs. If the government fails to respond adequately, it is held accountable in front of the public.
    • Zero Hour: An informal session where MPs can raise urgent matters of public importance without prior notice. Eg: In the past, MPs have used Zero Hour to raise concerns about natural disasters, governance issues, or urgent societal problems like price hikes or corruption, which require immediate attention from the government.
    • Standing Committees (e.g., Department-related Standing Committees): These committees examine the policies and functioning of various government departments, scrutinizing their budget proposals, schemes, and implementation. Eg: The Standing Committee on Railways in 2015 recommended waiving dividend payments to Indian Railways to improve its financial health, which was subsequently implemented.
    • No-Confidence Motion: A formal motion in Parliament that can be moved by MPs to express a lack of confidence in the government. If passed, it leads to the resignation of the government. Eg: In the 17th Lok Sabha, a no-confidence motion was raised against the government over issues related to economic policies, though it did not pass, it highlighted the need for greater executive accountability.
    • Public Accounts Committee (PAC): This committee scrutinizes government expenditure and ensures that public funds are used efficiently and for their intended purposes. Eg: The PAC exposed irregularities in the Commonwealth Games 2010, revealing delays, opaque appointments, and corrupt practices, leading to corrective actions and reforms.

    Why has the effectiveness of Question Hour and parliamentary committees declined in recent years?

    • Frequent Disruptions during Question Hour: Question Hour is often disrupted by protests and disruptions, leading to adjournments and reducing the time spent on addressing important government issues. Eg: During the 17th Lok Sabha (2019-24), Question Hour functioned for only 60% of its scheduled time in the Lok Sabha and 52% in Rajya Sabha, limiting its effectiveness in holding the government accountable.
    • Focus on Isolated Queries rather than Systematic Scrutiny: MPs often focus on individual queries rather than engaging in comprehensive, cross-ministerial scrutiny of complex issues, which limits the depth of oversight. Eg: Instead of addressing broader policy issues, MPs tend to ask specific questions that do not contribute to a deeper analysis of government actions or programs.
    • Limited Impact of Parliamentary Committees’ Reports: Despite generating detailed reports, parliamentary committees’ findings are often not discussed in Parliament, leading to a lack of follow-up on recommendations and diminishing their influence on legislation and executive actions. Eg: Even though the Standing Committees on Railways and Transport made significant recommendations, such as waiving the dividend payments and influencing the Motor Vehicles Bill, many committee reports have not led to substantial legislative or executive changes.

    How can technology and data analytics improve the quality of parliamentary scrutiny?

    • AI and Data Analytics for Efficient Scrutiny: Technology can help MPs analyze vast amounts of data, such as budget documents and audit reports, enabling them to quickly identify irregularities and policy trends. Eg: Using AI, Parliament can automatically flag inconsistencies in spending or uncover patterns in policy implementation, helping MPs ask more informed, evidence-based questions during sessions like Question Hour.
    • Enhancing Accessibility and Transparency of Committee Findings: Technology can make parliamentary committee reports more accessible to the public and MPs by translating them into local languages, creating visual explainers, or using short videos. This increases transparency and public engagement while also aiding MPs in scrutinizing complex issues. Eg: The use of visual tools and AI-driven summaries could simplify the analysis of technical reports, helping MPs quickly grasp important findings and engage in more meaningful debates in Parliament.

    Way forward: 

    • Strengthen Post-Legislative Scrutiny: Establish a formal process for tracking the implementation and impact of laws, ensuring timely reviews and corrections. This can be modeled on the UK system, where government departments submit reviews of major laws within a set period.
    • Enhance Technology Integration: Leverage AI, data analytics, and digital tools to support MPs with real-time insights, enabling more effective questioning and in-depth scrutiny of government actions and policies.

    Mains PYQ:

    [UPSC 2018] Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role or the Estimates Committee.

    Linkage: General usefulness of parliamentary committees, which are highlighted as crucial mechanisms for accountability and scrutiny. It specifically asks about the Estimates Committee, another important financial committee alongside the PAC. 

  • Diving into SC’s verdict on Governors

    Why in the News?

    On April 8, 2025, the Supreme Court settled a long-standing issue between the Governor of Tamil Nadu and the state’s government and Legislative Assembly.

    What was the Supreme Court’s ruling on the Tamil Nadu Governor’s delay in assenting to Bills?

    • No “Pocket Veto” by Governor: The Court ruled the Governor cannot indefinitely withhold assent to Bills passed by the State Legislature. Eg: The Governor delayed action on ten Bills for years without justification.
    • Governor Must Act Timely: The Governor must either assent, return, or refer the Bills to the President within reasonable time. Eg: The Court stated the Governor should act on the Bills, not delay them.
    • Article 142 Used to Declare Bills Law: Due to the delay, the Court invoked Article 142 to deem the Bills as law. Eg: The Tamil Nadu government notified the Acts as law following the Court’s decision.

    Why did the Court use Article 142 to declare the Bills as law?

    • Prolonged Delay by the Governor: The Court found that the Governor had unjustifiably delayed action on the Bills for years, violating the constitutional principles of federalism and representative democracy. Eg: The Governor kept the Bills pending for an extended period without offering valid reasons, causing a constitutional impasse.
    • Ensuring Justice and Upholding Democracy: The Court invoked Article 142 to do “complete justice” by respecting the will of the elected representatives of the State Legislative Assembly, thus protecting the democratic process. Eg: The Court deemed the Bills passed by the Legislature as law to ensure that the legislative intent of the people’s representatives was not thwarted.
    • Constitutional Vacuum and Remedy: Since the Constitution did not specify a time limit for the Governor’s action, the Court stepped in to remedy the situation, ensuring the Bills were not indefinitely stalled. Eg: The Tamil Nadu government immediately notified the Acts as law after the Court’s intervention, rectifying the Governor’s delay.

    When is the Governor constitutionally allowed to refer a Bill to the President?

    • When the Bill is Inconsistent with Central Law: The Governor can refer a Bill to the President if it conflicts with existing central laws or raises constitutional issues requiring the President’s decision. Eg: A Bill that contradicts a central law on the same subject matter may be referred to the President for approval.
    • When the Governor Has Doubts on the Bill’s Constitutionality: If the Governor has constitutional concerns regarding a Bill, they can refer it to the President for further consideration, especially if it involves matters outside the state’s jurisdiction. Eg: A Bill that encroaches on the powers reserved for the Union can be referred to the President for a final decision.

    Which constitutional flaw did the Court aim to rectify through this judgment?

    • Lack of Clear Guidelines for Governor’s Action: The Constitution did not specify clear timelines or procedures for the Governor in handling State Bills, leaving room for delays and misuse of power. Eg: The Governor of Tamil Nadu delayed assent to Bills for years, exploiting the absence of a specific time frame for action.
    • Absence of Safeguards Against Governor’s Arbitrary Power: The Constitution did not explicitly limit the Governor’s power to withhold assent or exercise a pocket veto, leading to potential abuse and undermining the democratic process. Eg: The Governor’s delay in assenting to ten Bills without any constitutional justification prompted the Court’s intervention.
    • Weakness in Protecting Federalism and Legislative Authority: The lack of specific checks on the Governor’s actions threatened the principles of federalism and undermined the autonomy of the State Legislative Assembly. Eg: By indefinitely stalling the Bills, the Governor weakened the power of the elected State Legislature, which led the Court to act to preserve federalism.

    Who is responsible for upholding constitutional conventions to protect federalism?

    • The Executive (Governor and Chief Minister): Both the Governor, as the representative of the President, and the Chief Minister, as the head of the state government, must respect constitutional conventions to ensure the smooth functioning of federalism and maintain the balance of power between the Centre and States. Eg: The Governor’s undue delay in assenting to Bills disrupted the federal balance and called for judicial intervention.
    • The Legislature (State Legislative Assembly): The elected representatives in the State Legislature must ensure that the legislative process adheres to constitutional conventions, fostering federal cooperation and preventing undue interference by the Centre. Eg: The Tamil Nadu Legislative Assembly passed Bills that reflected the will of the people, but faced obstruction due to Governor’s delays, highlighting the need for constitutional respect.
    • The Judiciary: The judiciary plays a crucial role in upholding constitutional conventions when other branches fail to act appropriately. The Supreme Court intervenes when there is a violation of constitutional principles like federalism and when executive or legislative actors overstep their bounds. Eg: The Supreme Court used Article 142 to declare the Tamil Nadu Bills as law, rectifying the constitutional flaw in the Governor’s inaction and protecting federalism.

    Way forward: 

    • Clarify Constitutional Procedures: There is a need for clear constitutional guidelines and timeframes for Governors to act on State Bills, reducing ambiguity and preventing delays that undermine federalism. This could involve amendments or judicial directions for timely decision-making.
    • Strengthen Checks on Executive Power: Strengthening safeguards against arbitrary use of powers by the Governor through legal reforms and accountability measures can ensure that the democratic process and legislative authority of states are respected.

    Mains PYQ:

     [UPSC 2022] Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

    Linkage: The Supreme Court’s 2025 verdict addressed the limits of the Governor’s power regarding assent to bills, effectively preventing the use of a “pocket veto”. This context makes the 2022 question relevant as it explores other aspects of the Governor’s legislative role and the need for accountability to the state legislature.

  • When Parliament stayed awake through the night

    Why in the News?

    The recently held Budget session of Parliament became historic, as both the Lok Sabha and Rajya Sabha continued working all night and ended only around sunrise.

    What made the recently concluded Budget session of Parliament historically significant?

    • All-night Sitting: Both Lok Sabha and Rajya Sabha continued debates through the night until early morning, which is extremely rare. For example, the Rajya Sabha was still debating at 8:30 p.m., with 22 speakers left, and the Waqf Bill was passed only around 2:30 a.m.
    • Record High Productivity: The session saw exceptionally high legislative productivity — 118% in Lok Sabha and 119% in Rajya Sabha. Eg: This indicates that the Houses worked more hours than scheduled, completing more business than expected.
    • Rich Parliamentary Debate and Public Engagement: Despite the late hours, MPs spoke passionately, aiming for impactful speeches that could go viral or make headlines. Eg: A woman MP quoted Victor Hugo (mistakenly calling him British), showing both the depth and drama of the debate.

    Who played a critical role in capturing the nuances of the all-night parliamentary session for the public?

    • Parliamentary Reporters: They stayed overnight in the House, observing debates and documenting proceedings for the media. Eg: The author of the editorial, a parliamentary reporter, described the urgency and drama of speeches during the night.
    • News Desks and Editors: They coordinated under pressure to ensure reports met tight print deadlines while maintaining accuracy. Eg: The reporter received frantic messages from the desk urging for a timely copy to meet the morning paper’s schedule.
    • Media as a Democratic Bridge: Reporters help the public understand what’s happening inside Parliament, especially during rare sittings. Eg: Despite physical restrictions in the new Parliament building, reporters continue to attend sessions to provide detailed coverage.

    Where are reporters restricted from going within the new Indian Parliament building, despite having official access?

    • Glass Enclosure for Media Personnel: Reporters, especially from electronic media, are confined to a glass enclosure within the Parliament premises. This limits their ability to move freely and interact with Members of Parliament (MPs). Eg: On July 29, 2024, journalists were restricted to this enclosure and prevented from accessing areas like the ‘Makar Dwar’, where they traditionally gathered sound bites from MPs.
    • Restricted Access to ‘Makar Dwar’: The ‘Makar Dwar’, a main entrance used by MPs, has been cordoned off, preventing journalists from approaching MPs for interviews. Eg: Journalists were removed from this area, which was previously a common spot for media interactions with MPs.
    • Limited Entry to Press Galleries: Access to the press galleries has been significantly reduced, with only a limited number of journalists allowed entry, often through a non-transparent selection process. Eg: The Editors’ Guild of India noted that only a fraction of the approximately 1,000 accredited journalists are granted access, without a clear procedure.
    • Separate Entry Points and Increased Security Checks: Journalists now have designated entry points separate from MPs and officials, coupled with multiple security checks, making access more cumbersome. Eg: Reporters are frisked multiple times and must navigate a windowless corridor with security cameras to reach the press gallery.
    • Restrictions Around Key Offices: Areas surrounding the Prime Minister’s Office, the Speaker’s office, and the Rajya Sabha Chairman’s office are off-limits to journalists, limiting their coverage scope. Eg: These zones have been cordoned off, preventing media personnel from accessing them.

    Why do reporters persist in covering parliamentary debates despite challenges?

    • Democratic Responsibility: Reporters feel a duty to keep the public informed about how their representatives function, especially during important debates. Eg: Even during the late-night Budget session, reporters stayed to capture each speaker’s arguments, helping citizens understand crucial legislative developments.
    • Fear of Missing Crucial Details: Journalists worry they might miss significant moments or policy announcements if they leave early or tune out. Eg: During a midnight speech on the Waqf Bill, a Member of Parliament misattributed Victor Hugo as British — a detail that adds color and context to the reporting.
    • Drama and Insight: Parliamentary sessions offer intense debates, humor, emotional appeals, and unfiltered views — making them compelling for storytelling. Eg: The sight of an actor-turned-politician struggling through an angry speech added drama and human interest to the reporter’s coverage.

    Way forward: 

    • Ensure Transparent and Inclusive Media Access: Parliament should adopt a fair, transparent system for press gallery access and allow broader journalist participation, ensuring diverse media voices are represented. Eg: Revoking arbitrary restrictions and restoring access to areas like ‘Makar Dwar’ can enhance real-time, on-ground reporting.
    • Leverage Technology for Better Public Engagement: Install live-streaming infrastructure, media briefing zones, and provide official transcripts quickly to support timely, accurate reporting. Eg: Designated digital zones can help journalists report swiftly without compromising security or disrupting proceedings.

    Mains PYQ:

    [UPSC 2019]  Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.

    Linkage: Role of Parliamentary discussion and debate for the public. This also examines the role and effectiveness of individual Members of Parliament during parliamentary sessions. 

  • SC slams TN Governor, Fixes Time for Assent

    Why in the News?

    The Supreme Court criticised Tamil Nadu Governor R.N. Ravi, calling his actions “unconstitutional.” The court said he did nothing for months about 10 important Bills, and then suddenly sent them to the President only after the State Assembly passed them again and the matter reached the court.

    ‘Must act with due deference to conventions of parliamentary democracy’: Supreme Court sets aside TN Governor’s reservation of 10 Bills  

    What did the SC rule on the TN Governor’s reservation of Bills for the President in Nov 2024?

    • Action declared illegal: The Court ruled that the Governor’s act of reserving 10 Bills for the President after they were already reconsidered and passed again by the Tamil Nadu Assembly was unconstitutional. Eg: If a state legislature passes a Bill, and the Governor returns it, but the legislature passes it again, the Governor must either give assent or withhold it—he cannot send it to the President at that stage.
    • Violation of Article 200: According to Article 200, a Bill can be reserved for the President only when it is first presented to the Governor—not after it is passed again following reconsideration. Eg: The Governor had no authority to reserve the 10 Bills in November 2024 because they had already been returned, reconsidered, and passed again.
    • Presidential action also invalid: The Court held that since the Governor’s action was unconstitutional, any decision taken by the President based on that action is also invalid. Eg: Even if the President had accepted or rejected those Bills, it would not be valid because the referral itself was flawed.

    Why did the SC invoke Article 142 to grant assent to the 10 Bills?

    • Undue delay by the Governor: The Bills were kept pending for an excessively long time without any decision by the Governor, causing a constitutional deadlock. Eg: Some Bills were pending since January 2020, which hindered the functioning of the state legislature and governance.
    • Violation of constitutional spirit and conventions: The Governor showed disregard for established constitutional conventions and the Supreme Court’s earlier rulings by not acting in a timely or respectful manner. Eg: The Court said the Governor displayed “scant respect” for constitutional procedures by withholding assent without valid reason.
    • To ensure justice and restore balance: The Court used Article 142 (which allows it to do complete justice in any matter) to directly grant assent to the 10 Bills to break the impasse and uphold democratic functioning. Eg: Since the Governor failed in his duty, the Court stepped in to protect the will of the people as expressed through their elected legislature.
    Note: Article 142 of the Indian Constitution grants the Supreme Court the power to pass any decree or order necessary to do “complete justice” in any case or matter pending before it, allowing it to transcend the limitations of existing laws and statutes. 

    When can a Governor constitutionally reserve a Bill for the President’s consideration?

    • Only at the first instance of presentation (Article 200): Under Article 200 of the Constitution, the Governor may reserve a Bill for the President only when it is presented to him for the first time. Eg: If a state Assembly passes a Bill and the Governor receives it for the first time, he can reserve it for the President instead of giving or withholding assent.
    • Not after Assembly reconsideration (Article 200 – First Proviso): If the Governor returns a Bill to the Assembly and it is re-passed (with or without changes), the Governor must act—either grant or withhold assent—and cannot reserve it again unless it is substantially changed. Eg: In the Tamil Nadu case, the Governor reserved the Bills after they were reconsidered by the Assembly, which the Supreme Court ruled was unconstitutional.
    • Exception – If the Bill is materially different (Article 200 – Judicial Interpretation): If the Bill, after being reconsidered by the legislature, is substantially or materially different from the original, reservation may be allowed. Eg: If new provisions are added that affect national interest or conflict with Union laws, reservation might be justified, even after reconsideration.

    How did the SC define the Governor’s expected role and conduct under the Constitution?

    • Respect for Parliamentary Democracy and the Will of the Legislature: The Governor must act in accordance with the democratic spirit and not undermine the decisions of the elected legislature. Eg: Shamsher Singh v. State of Punjab (1974) — The SC ruled that the Governor is a constitutional head and must act on the aid and advice of the Council of Ministers, except in specific situations.
    • Facilitator, Not an Obstructionist: The Governor should enable smooth functioning of governance and not stall legislative processes. Eg: Samsher Singh case (1974) and reaffirmed in the 2024 SC ruling on Tamil Nadu Bills — The Court held that the Governor’s prolonged inaction amounted to a constitutional failure and disruption of state functioning.
    • Bound by Constitutional Oath and Values:The Governor is duty-bound to uphold the Constitution and work for the welfare of the people. Eg: Nabam Rebia v. Deputy Speaker (2016) — The SC observed that the Governor must act within the “four corners” of the Constitution and not misuse discretionary powers.

    Way forward: 

    • Time-bound Action Framework for Governors: A clear timeline should be laid down—either by Parliament or through judicial interpretation—for the Governor to act on Bills (assent, withhold, or reserve). Eg: A fixed period (like 4–6 weeks) can ensure that legislative processes are not indefinitely delayed, maintaining the balance between constitutional roles and democratic governance.
    • Institutional Clarity and Accountability: The role and powers of the Governor should be revisited to reduce ambiguity and misuse of discretion. Regular communication protocols between the Governor’s office and the elected government can also be institutionalized. Eg: Like in the case of money Bills where the Governor has limited scope, similar clarity must be applied to regular Bills to avoid conflict or misuse.

    Mains PYQ: 

    [UPSC 2018] Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.

    Linkage: The broader theme of the relationship between an unelected head of state (or administrator) and an elected government in a democratic setup.

  • [8th April 2025] The Hindu Op-ed: A case for a fair seat allocation

    PYQ Relevance:

    [UPSC 2024] What changes has the Union Government recently introduced in the domain of Centre-State relations? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening federalism.

    Linkage: The readjustment of Lok Sabha seats, especially if perceived as disproportionately benefiting some states over others, can significantly impact Centre-State relations and the balance of power within the federal system.

     

    Mentor’s Comment: Delimitation means fixing or re-fixing the boundaries of election constituencies. This is done by the Delimitation Commission, but only after a Census is held. According to Article 82 of the Constitution, after each Census, the number of Lok Sabha seats should be adjusted to match the population growth. However, the current strength of the Lok Sabha is based on the 1971 Census, when India’s population was about 54.79 crore. As of March 2025, this number is estimated to have increased to 141 crore. Despite this massive population growth over the last 50 years, the number of Lok Sabha seats has remained the same, as the seat count was frozen based on the 1971 population through a constitutional amendment until 2026.

    Today’s editorial talks about the problems and discussions around changing the number of Lok Sabha seats based on the next Census. This topic is useful for GS Paper 2 in the UPSC Mains exam.

    _

    Let’s learn!

    Why in the News?

    The issue of changing the number of Lok Sabha seats based on the upcoming Census is being widely discussed across the country.

    What is the primary difference between the readjustment of Lok Sabha seats and delimitation?

    Aspect Readjustment of Lok Sabha Seats Delimitation Example (Eg)
    Definition Changing the number of seats allocated to each State based on population. Redrawing the boundaries of constituencies within a State. After 2026, Uttar Pradesh may get more Lok Sabha seats (readjustment).
    Constitutional Basis Governed by Article 82; done after every Census through Parliament. Done by an independent Delimitation Commission after a Census. Constituency borders in Tamil Nadu were redrawn in 2008 (delimitation).
    Focus Area Focuses on inter-State seat distribution to reflect population changes. Focuses on intra-State constituency adjustment. Kerala may retain 20 seats, but constituency borders may shift (delimitation).

    Why was the number of Lok Sabha seats frozen based on the 1971 Census figures until 2026?

    • Promote Population Control: The freeze aimed to incentivize States to control population growth. Eg: Kerala and Tamil Nadu implemented successful family planning programs, and the freeze ensured they weren’t penalized for lower population growth.
    • Prevent Disproportionate Political Power: If seats were allocated purely on population, high-growth States would dominate Parliament. Eg: Uttar Pradesh, with population increasing from 8.38 crore (1971) to 24.1 crore (2025), could demand up to 240 seats, disrupting national balance.
    • Maintain Inter-State Equity: The goal was to maintain fair representation for all States despite demographic differences. Eg: Southern States like Kerala (68% population rise) would have lost out to northern States with over 200% increase.
    • Allow Time for Demographic Stabilization: It provided time for States with high fertility rates to stabilize their population before readjustment. Eg: Bihar’s population grew from 4.21 crore (1971) to 13.1 crore (2025), needing time to catch up on family planning efforts.
    • Backed by Constitutional Amendments: The 42nd (1976) and 84th (2001) Amendments legally froze the seat distribution until after the 2026 Census, reflecting national consensus. Eg: Article 82 was amended to delay readjustment, reinforcing the political importance of stability and fairness.

    Which States are likely to gain the most seats if readjustment is done strictly based on population growth?

    • High Population Growth in Northern States: States like Uttar Pradesh and Bihar have witnessed exponential population growth since 1971, leading to a higher claim for more seats if readjustment is done purely on population figures. Eg: Uttar Pradesh grew from 8.38 crore (1971) to 24.1 crore (2025) and may get up to 240 seats, up from the current 80.
    • Large Base and Sustained Growth in Central India: States such as Madhya Pradesh and Rajasthan, with relatively higher growth rates, are also poised to gain significantly in seat allocation. Eg: Madhya Pradesh, with its growing population and current 29 seats, could see a proportional jump in its representation.
    • Heavily Populated but Slower-Control States Like West Bengal and Maharashtra: These States have large populations and moderately high growth rates, placing them in the category of beneficiaries in seat readjustment. Eg: Maharashtra, with a population exceeding 12 crore, may go beyond its present 48 seats to possibly 60 or more.

    Which States fear losing political influence as a result?

    • Southern States with Successful Population Control: States like Kerala, Tamil Nadu, and Andhra Pradesh fear marginalisation because they effectively implemented family planning and now risk being underrepresented in Parliament. Eg: Kerala grew only 68% since 1971 and may gain very few seats (from 20 to 34), while Uttar Pradesh could triple its seats.
    • Concern over Disproportionate Power Shift to the North: Southern leaders worry that population-based seat allocation would reward States with poor governance on population control and shift national decision-making disproportionately northward.

    When was the last Lok Sabha seat readjustment, and when is the next one due?

    • Last Readjustment – Based on 1971 Census: The last readjustment of Lok Sabha seats was done based on the 1971 Census figures. Eg: The number of seats was fixed at 543 after the 1971 population was taken into account (approx. 54.8 crore).
    • Freeze Imposed Until 2026: The 42nd and 84th Constitutional Amendments froze the number of Lok Sabha seats based on the 1971 data, to encourage population control across States. Eg: This freeze was intended to avoid penalizing States like Kerala and Tamil Nadu which successfully limited population growth.
    • Next Readjustment Due After 2026: The next readjustment is constitutionally mandated to happen after the first Census conducted post-2026, which is expected to be the 2031 Census. Eg: If readjusted based on estimated 2025 population (approx. 141 crore), total seats may rise to around 800–912.

    What would be the impact on center-state relations? 

    • Federal Tensions and Demands for Autonomy: Southern and smaller States may feel marginalized and push for more fiscal and legislative autonomy. This could strain Centre-State relations and deepen regional political divides. Eg: Tamil Nadu or Telangana may seek greater control over education, health, or language policy as compensation for lower parliamentary weight.
    • Unequal Voice in Resource Allocation: More seats mean more bargaining power during budget debates and policy framing. States with fewer seats may feel sidelined in central schemes and fund distribution. Eg: Madhya Pradesh may influence infrastructure spending more than Mizoram, despite both having important developmental needs.

    Way forward: 

    • Balanced Formula Beyond Population Alone: Adopt a hybrid model that considers not only population but also parameters like the human development index (HDI), population control efforts, and geographical diversity to ensure fairness. Eg: Southern States like Tamil Nadu, despite lower population growth, could be rewarded for their social indicators and governance.
    • Constitutional and Political Consensus Building: Initiate bipartisan discussions and possibly form a national commission to recommend a fair readjustment mechanism, preserving federal balance and cooperative federalism. Eg: Ensuring that both high-growth and low-growth States feel represented will prevent regional discontent and maintain national unity.